Terms and Conditions

When placing an order through the Braille Tactile Signs Aust. via the website, over the phone, via email or directly with any Mangrove Pty Ltd Entity, you confirm that you have read and agreed to the following Terms and Conditions.

1. Definitions
   
   The below definitions apply to these Terms & Conditions: 

“Conditions” means the terms of these Conditions of Sales;

“Customer” means a person, firm or corporation seeking to acquire Goods from the Supplier and where applicable includes the applicant in the Commercial Credit and, if the Customer Consist of more than one person, each of them jointly and severally.

“Mangrove Entity” means either Braille Tactile Signs Aust. also known as BTS Aust., BTS (Aust), A.S.A.D. Signs & Co., Precision Engravers, BetterBrailleSigns.com or any Entity which trades as a division of Mangrove Pty Ltd. ACN: 006 333 053 ABN: 61 724 383 542 all at 15 / 21 Eugene Terrace, Ringwood VIC 3134 Australia.

"Goods" means all goods supplied by the Supplier to the Customer.

“GST” means GST within the meaning of A New Tax System (Goods and Services Tax) Act 1999 (Cth) as amended.

“Other Property” means all present and after-acquired property of the Customer (except the Goods) whether acquired alone or jointly as a tenant in common or as a joint tenant.

“PPSA” means the Personal Property Securities Act 2009 (Cth) as amended.

"Security Agreement" and “Security Interest” have the meaning ascribed to them in the PPSA.

“Services” means any and all services supplied by the Supplier to the Customer; and

“Products” Any and all products supplied by Braille Tactile Signs Aust. to a customer as part of a transaction.

"Supplier" means the relevant Mangrove Pty Ltd Entity, such as Braille Tactile Signs Aust., that has provided the Customer with a quotation, tax invoice or has otherwise contracted with the Customer for the supply of the Goods and or Services.

“Transaction” Exchange, or transfer of cash that occurs between any Mangrove Pty Ltd Entity in form of the supply of the Goods and or Services.

2. Application of The Conditions
   
   2.1 These Conditions apply exclusively to every contract for the sale of Goods and/or the supply of Services by the Supplier to the Customer, unless otherwise agreed in writing. They cannot be varied or replaced by any other conditions without the prior written consent of the Supplier.
   
   2.2 These terms and conditions may be varied by the Supplier from time to time. The updated terms will be posted on the Supplier's website, and the Customer's continued use of the Goods and Services will constitute acceptance of the revised terms.

2.3 The Customer may not assign or transfer any of its rights or obligations under these terms and conditions without the prior written consent of the Supplier.

2.4 These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements, understandings, and negotiations relating to the subject matter herein.

2.5 These terms and conditions constitute the entire agreement between the parties and supersede all prior agreements, understandings, and negotiations relating to the subject matter herein.

3. Quotes & Estimates
   
   

3.1 Any written quotation by the Supplier is valid for 30 days unless otherwise stated and is an invitation to the Customer to place an order based on that quotation.

3.2 The Supplier's acceptance of an order is only deemed when communicated in writing or upon delivery of the Goods.

3.3 The Supplier may vary these Conditions with 30 days' written notice. Continued orders or supply of Goods or Services after this period will be deemed acceptance of the varied Conditions.

3.4 The Supplier may terminate this agreement with 30 days' written notice, without prejudice to accrued rights.

3.5 All quotations and estimates are based on BTS Aust.’s interpretation of details provided by the Customer. The Customer is solely responsible for ensuring that all details quoted are correct, this includes but is not limited to product and sign types, technology, quantities, sizes, colours, and finishes.

3.6. All quotations and estimates are for the Supply of Signage and Products only unless otherwise specified in writing.

3.7 Unless specified otherwise, all BTS Aust. quotes are provided in Australian Dollars ex GST and are;  

            3.7a exclusive of packaging and delivery charges.

            3.7a Unless specified otherwise, all quotations are valid for a period of 30 days from the quotation date.

 

4. Payment

4.1 Payment for Goods and/or Services must be made as agreed upon in writing and as per the Payment Terms. 

4.2 If a Payment from the Customer is dishonoured due to insufficient funds, an administration fee may be charged at the Suppliers discretion.

4.3 The Supplier may withdraw credit terms or require security at any time and may apply any payment received as deemed fit.

4.4 Discounts and/or agreed Project Discounts apply only if paid within terms stipulated on quote, invoice or as agreed in writing. The supplier reserves the right to revoke all discounts applicable to orders at their discretion.

 

5. Delivery
   
   5.1 All Risk and responsibility for the Goods including theft, damage, misplacement or otherwise pass to the Customer immediately upon delivery.

5.2 Delivery estimates and quotations are estimates only are non-binding. 

5.3 All Costs related to delivery will be borne by the Customer unless otherwise specified in writing by the Supplier.

5.4 The Supplier may deliver the Customer’s order/s in part or in whole.

5.5 If the Customer is unable or fails to accept delivery of the Goods, the Customer will be liable for all costs incurred by the Supplier due to storage, detention, double cartage, travel expenses or similar causes.

5.6 It is the responsibility of the customer to provide accurate delivery details. Mangrove Pty Ltd and any of its entities including BTS Aust., cannot take any responsibility for deliveries to addresses, including site addresses and additional fees and charges may be applicable if re-delivery is required.

6. Product Warranty

6.1 Braille Tactile Signs Aust. is committed to providing products that adhere to the highest standards in accordance with Australian Standards & National Construction Code. Braille Tactile Signs Aust. warrants that Braille Tactile Signs purchased are durable, safe, and free from defects in both material and workmanship under normal use for its intended purpose.

6.2 Warranty Terms:

•       CSEPM_TECH - Continuous Surface, Encapsulated Polycarbonate Membrane Products: Three (3) years Warranty Term.
  The Customer has three (3) years from the date of dispatch to make a Warranty Claim.
•       ADA_TECH - Signs featuring ADA Embedded Tactile:
  Twelve (12) months Warranty Term.
  The Customer has 365 days from the date of dispatch to make a Warranty Claim.

 *Warranty Terms commence from the date that the order is dispatched for delivery or picked up by the customer, unless otherwise specified.

 *The decision to repair, replace, or issue credit for a product with a defect, rests solely within the discretion of Braille Tactile Signs Aust.

If you have any product issues, please contact us for further instructions and a Copy of our Full Warranty Policy.

 

7. Artwork
   
   7.1 All Artwork provided by the Customer for Custom Signs must be in PDF or Vector Format such as EPS or AI.

7.2 Digital Graphics are to be provided as a high-resolution image file – minimum 300 dpi. Additional Costs May Apply if the supplier is Required to Adjust Artwork to Make Compliant – (to be quoted).

7.3 BTS Aust. recommends allowing BTS Aust. to translate the English text into Braille.

7.4 Artwork costs will apply if BTS Aust. are required to create, or recreate, artwork (to be quoted).

7.5 Artwork is to be provided to BTS Aust. Compliant to all required current standards and codes.

7.6 It is the responsibility of the customer to have all signs approved by a certified Access Consultant or Building Surveyor prior to order – as the details provided by your client may not be to Australian Standards. (BTS Aust. can recommend an Access Consultant if required);

8. Lead Times
   
   8.1 Production lead times will commence from receipt of an official online order or quote approval for BTS Aust. Standard Range stock or approval of Artwork for Customising Standard Range or Fully Custom Braille Tactile Signs. Production lead time varies depending on manufacturing capacity at time of order.
9. Production
   
   9.1 Once the customer has approved the artwork, the supplier will immediately commence production. Modification of order may also incur additional charges and is subject to clause 15 – Order Cancellations.
   
   10.  Compliance 
   
   

10.1 Where it becomes apparent to BTS Aust. that provided artwork and layouts do not comply with all current Standards & Codes, BTS Aust. may offer suggestions and recommendations, however it is the full responsibility of the Client to ensure layouts comply.

 

11. Order Cancellations
    
    

The Customer Acknowledges & Agrees That:

11.1 If the order placed by a customer is cancelled by the customer, the customer is responsible for all costs incurred by the supplier related to the order at the time of cancellation.

            11.1a Title and property in all Goods remain vested in the Supplier and do not pass to the Customer;

            11.1b The Customer must hold the Goods as fiduciary bailee and agent for the Supplier;

            11.1c The Customer must keep the Goods separate from its own goods and maintain the labelling and packaging of the Supplier;

            11.1d The Customer is required to hold the proceeds of any sale of the Goods on trust for the Supplier in a separate account;

            11.1e The Customer must deliver up all Goods to the Supplier immediately upon service of a written demand; and

            11.1f The Supplier may without notice, enter any premises where it suspects the Goods may be and remove them, notwithstanding that they may have been attached to other Goods not the property of the Supplier, and for this purpose the Customer irrevocably licences the Supplier to enter such premises and also indemnifies the Supplier from and against all costs, claims, demands or actions by any party arising from such action, until full payment in cleared funds is received by the Supplier for all Goods supplied by it to the Customer, as well as all other amounts owing to the Supplier by the Customer.

11.2 No cancellation or suspension of an order for goods and/or services is binding on the Supplier after acceptance by the Supplier.

 

12. Returns
    
    12.1 All Goods and Services are sold on a non-returnable, non-refundable basis and, may only be returned if:
    12.1a all conditions set out in BTS Aust.’s Warranty Policy are met;
    
                12.1b or the Goods are damaged by the Supplier upon delivery;
    
                12.1c or are incorrectly supplied by the Supplier.

12.2 Any claim by the Customer that the Goods are damaged or incorrectly supplied must be made in writing to the Supplier within 5 business days of receipt of the Goods by the Customer and the Customer must provide a reasonable opportunity to the Supplier to inspect the Goods. The Customer then has 14 Business Days to return the damaged or incorrect item back to our store.

12.3 The Supplier may, in its sole and absolute discretion, agree to accept a return of some or all of the Goods but all such Goods returned may be subject to a minimum 25% restocking or handling fee.

13. Payment Default

13.1  If the Customer defaults in payment by the due date of any amount payable to Supplier, then all money which would become payable by the Customer to the Supplier at a later date on any account, becomes immediately due and payable without the requirement of any notice to the Customer.

The Supplier May, without prejudice to any accrued rights or other remedy available to it:

            13.1a. Charge the Customer interest on any sum due at the prevailing rate pursuant to the Penalty Interest Rates Act 1983 plus 2 percent for the period from the due date until the date of payment in full;

            13.1b. Charge the Customer for all expenses and costs (including legal costs on a solicitor/own client basis) incurred by it resulting from the default and in taking whatever action it deems appropriate to recover any sum due;

13.1c. Cease or suspend for such period as the Supplier thinks fit, supply of any further Goods, Services, or credit to the Customer; and

            13.1d. Terminate any unperformed contract by the way of notice in writing to the Customer.

14. Passing of Property in Goods
    
    14.1 These Conditions constitute a Security Agreement for the purposes of the PPSA;

14.2 These Conditions create a Security Interest in all Goods and Proceeds of the Goods and Other Property in favour of the Supplier.

14.3  The Customer agrees that:

            14.3a these Conditions also create a Security Interest in all of the Customer’s Other Property, although such Security Interest is not intended to prevent the Customer from transferring such Other Property in the ordinary course of the Customer’s business; and

            14.3b Separately charges all land owned now and in the future by the Customer whether owned alone or jointly as a tenant in common or as a joint tenant, in favour of the Supplier to secure payment and performance of all the Customer’s obligations under these Conditions.

14.4  To assure performance of its obligations under these Conditions, the Customer hereby grants the Supplier an irrevocable power of attorney to do anything the Supplier considers should be done by the Customer pursuant to these Conditions. The Supplier may recover from the Customer the cost of doing anything under this clause 6, including PPSA registration fees.

 

15. GST and Duties
    
    15.1 Prices for Goods and/or Services exclude GST unless stated otherwise.

15.2 Prices for the supply of Goods and or Services exclude sales tax, consumption of goods and services tax, and any other taxes, duties or imposts imposed on or in relation to the Goods and or Services.

15.3 If prices for Goods and or Services provided by the Supplier do not expressly indicate that the prices include GST then the Customer will pay the Supplier the price for the Goods and or Services plus GST.

15.4 “Braille Only” Products - GST is payable on all Goods & Services provided by with the exception of ‘Braille Only’: ATO ID 2005/78, Braille Strips or Braille Overlays Ref: ATO ID 2005/80 and Tactile Ground Surface Indicators TGSI’s : ATO ID 2002/230 which are also GST Free. Quoted in $AUD ex GST unless otherwise specified.

16. Resale of Goods
    
    

16.1 The Customer may resell the Goods in the ordinary course of its business (but may not otherwise sell or encumber the goods) and if it does so shall receive the proceeds of resale as trustee of the Supplier, to be held in trust for the Supplier. The Supplier shall be entitled to trace the proceeds of resale.

16.2 The Customer is expressly prohibited from reselling the Supplier's products on any retail platform without the prior express permission and written agreement of the Supplier. Any unauthorised resale of the Supplier's products shall be considered a breach of these terms and conditions. The Supplier reserves the right to take appropriate legal action against the Customer for any unauthorised resale of its products.

17. Online Store
    
    

17.1 You agree to use the Site only for lawful purposes and in accordance with these Terms and Conditions. You must not use the Site in any way that causes, or may cause, damage to the Site or impairment of the availability or accessibility of the Site.

17.2 We make every effort to ensure that the information about the products on our Site is accurate. However, we do not warrant the accuracy, completeness, or reliability of any product descriptions or other content available on the Site as they are subject to change.

 

17.3 All prices displayed on the Site are in Australian Dollars (AUD) and are exclusive of GST (Goods and Services Tax) unless otherwise stated. We reserve the right to change the prices of products at any time without prior notice. Payment for all orders must be made in full at the time of placing the order.

 

17.4 We aim to dispatch all orders within 3-5 days of receiving payment. However, delivery times may vary depending on your location and other factors beyond our control. We are not liable for any delays or failures in delivery caused by third-party delivery services.

 

17.5 We may collect personal information from you when you visit our website, register an account, place an order, subscribe to our newsletter, or interact with us in any other way. The types of personal information we may collect include:

• Your Name
• Company Name
• Contact information (such as email address, phone number, and shipping and billing addresses)
• Purchase history
• Communication preferences

 

17.6 We may use your personal information for the following purposes:

• Processing and fulfilling your orders
• Communicating with you about your orders and providing customer support
• Sending you promotional materials, newsletters, and other marketing communications (you may opt out at any time)
• Improving our products and services
• Preventing fraud and enhancing the security of our website
• Complying with legal obligations

 

17.7 We may disclose your personal information to third parties for the purposes described above, including:

• Service providers who assist us in operating our website, processing payments, and fulfilling orders
• Legal authorities, if required by law or to protect our rights or the rights of others

17.8 We do not sell, rent, or trade your personal information to third parties for their own marketing purposes.

 

17.9 We take online security very seriously and rest assured, we take all reasonable and practical steps to protect your personal information from unauthorized access, use, or disclosure.

 

18. Liability
    
    18.1 Except as specifically set out herein, any term, condition or warranty in respect of the quality, fitness for purpose, condition, description or manufacture of the Goods, whether implied by statute, common law, trade usage, custom or otherwise, is hereby expressly excluded.
    
    18.2 The Supplier is not liable for any indirect or consequential losses or expenses suffered by the Customer or any third party, however caused, including but not limited to loss of turnover, profits, business or goodwill.
    
    18.3 The Supplier will not be liable for any loss, damage or claim suffered by the Customer where the Supplier has failed to meet any delivery date or cancels or suspends the supply of Goods or for any Goods that display a “use-by” date that are sold or distributed by the Customer after that date.

18.4 If the Customer is a consumer as defined under the Competition and Consumer Act 2010 (Cth), the Supplier's liability is limited to replacement or repair of the Goods or resupply of the Services at the Supplier’s discretion.

18.5 Nothing in these Conditions excludes, restricts, or modifies any State or Federal legislation in force in Australia. 

19. Force Majeure
    
    19.1 The Supplier will not be liable for any delay or failure to perform its obligations due to unforeseen circumstances or causes beyond its reasonable control, including but not limited to acts of God, war, riot, civil unrest, natural disasters, strikes, or supply chain disruptions.
20. Intellectual Property
    
    20.1 All intellectual property rights in the Goods and Services, including but not limited to designs, trademarks, graphics, and patents, remain the exclusive property of the Supplier. The Customer must not reproduce, distribute, or use the Supplier's intellectual property without prior written consent. Any unauthorised use, reproduction, or distribution of the Supplier's graphics or artwork shall be considered a breach of these terms and conditions. The Supplier reserves the right to take appropriate legal action against any company found to be in violation of this provision.
21. Confidentiality
    
    21.1 Both parties agree to maintain the confidentiality of all information obtained during the execution of the contract. This includes pricing, product specifications, and any other proprietary information.

 

22. Indemnification
    
    

22.1 The Customer agrees to indemnify and hold harmless the Supplier from and against any claims, damages, liabilities, and expenses arising out of the Customer's breach of these terms, negligence, or wilful misconduct.

23. 
    Dispute Resolution
    
    

23.1 Any disputes arising from these terms and conditions will first be attempted to be resolved through good-faith negotiations. If a resolution cannot be reached, both parties agree to attempt mediation before initiating any formal legal proceedings.

24. Termination
    
    

24.1 The Supplier reserves the right to terminate any agreement with the Customer immediately if the Customer breaches any of these terms and conditions. Upon termination, all amounts owed to the Supplier become immediately due and payable.